Administrative Delegation #55

BACKGROUND

Pursuant to the Indian Health Care Improvement Act, as amended, the Indian Health Service (IHS) Director is authorized to administer programs “under which health care is provided to Indians based upon their status as Indians which are administered by the Secretary, including programs under . . . the Indian Self-Determination and Education Assistance Act” (ISDEAA), 25 U.S.C. § 5301 et seq. 25 U.S.C. § 1661(c)(3)(E). ISDEAA contracts are not subject to or administered under the Federal Acquisition Regulation (FAR), 25 U.S.C. § 5324(a)(1).

AUTHORITY DELEGATED

I hereby delegate to those individuals listed below, the authority to award contracts, decline proposals, and award subsequent modifications to contracts under Title I, of the ISDEAA, 25 U.S.C. §§ 5321-5332.

Process of delegating an Appointed Official (Area Self-Determination Specialist for Title I Contract Activities)

1. Each Area Director submits a recommendation to the Director, IHS, through the Director, Office of Direct Service and Contracting Tribes (ODSCT), for their Area Self-Determination Specialist who will serve as the lead ISDEAA negotiator for all Title I Contract activities in the respective IHS Area.
2. The Director, ODSCT reviews the Area Director’s recommendation and submits it to the IHS Director for approval of the appointment.
3. Each approved appointment is reviewed on an annual basis by each Area Director to ensure that appointed official is meeting all requirements.
4. Maintenance of all ISDEAA Title I contract records are the responsibility of the Area Office of Tribal Programs.
5. Evaluation and Criteria for appointment – please see attachment for “Subject Matter Expertise and Skills” recommendations.

RESTRICTIONS AND LIMITATIONS

1. Except as delegated herein, the authority to award and decline contracts and subsequent modifications to contracts awarded under Title I rests with the IHS Director.
2. This delegation does not include entering into agreements to settle Contract Disputes Act (CDA) claims for unpaid contract support costs, which require the approval of the IHS Director.
3. This delegation does not authorize an Area Director or Appointed Official hereunder, to issue a declination letter pursuant to 25 U.S.C. § 5321, without Headquarters Leadership Team review and clearance prior to issuance of the letter.
4. This delegation does not include the authority for the award of Service-wide Construction Contracts as provided under Special General Memorandum 15-04 and administrative delegation #48; nor the authority to enter into leases under section 105(l) of the ISDEAA as provided under administrative delegation # 49.

SUPERSESSION

This delegation supersedes the previous delegation of authority located in the Indian Health Manual, Delegation of Authority, Administrative #55, dated April 10, 2017.

EFFECTIVE DATE

This Delegation of Authority will be effective 15 days after the date of signature, to allow for a transition/implementation period within each Area.

Addressees

Principal Deputy Director
Deputy Director
Deputy Director for Intergovernmental Affairs
Area Directors